The rules for using a court reporter vary somewhat between counties. See, e.g., Nevada County ("Unless the court orders otherwise, the court does not provide court reporters for civil law and motion hearings and case management conferences at the court's expense. Any litigant who wants a record of a law and motion matter or a case management conference must arrange for the presence of a court reporter at his or her expense." (Local Rule 10.00.3B).)
Recovery of court reporter fees is generally allowable. (Heppler v. J.M. Peters Co. (1999) 73 Cal.App.4th 1265, 1298.) Code of Civil Procedure section 1033.5(a)(11) allows for recovery of court reporter fees “as established by statute.” Conversely, Code of Civil Procedure section 1033.5(b)(5) disallows recovery of costs for transcripts of court proceedings “not ordered by the court.”
Government Code section 68086(d) states that “if an official court reporter is not available, a party may arrange for, at the party’s expense, the presence of a certified shorthand reporter to serve as an official pro tempore reporter…. The fees and charges of the certified shorthand report shall be recoverable as taxable costs by the prevailing party as otherwise provided by law.”
Court's have rejected plaintiff's argument that defendant can only recover the statutory fees associated with court reporter appearances. To the contrary, "the legislature provided in [Government Code] section 68086 an express exemption from statutory court reporter attendance fees for parties who retain a private reporter to serve as an official reporter pro tempore...." (Burd v. Barkley Court Reporters, Inc. (2017) 17 Cal.App.5th 1037, 1047.)
An appellant may serve and file a motion to use a settled statement on a showing that there was no reporter’s transcript for the hearing. (Rules of Ct., Rule 8.137(b).)
Under Bus. & Prof. Code, Sec. 8016,
No person shall engage in the practice of shorthand reporting as defined in this chapter, unless that person is the holder of a certificate in full force and effect issued by the board. This section does not apply to a salaried, full-time employee of any department or agency of the state who is employed as a hearing reporter.
Plaintiff asserts that “Defendant also claims $568.15 in reporting fees for a proceeding that lasted less than an hour” and “such fees are only recoverable per statute, CCP § 1033.5(a)(11), and specifically, at a rate of $55 a day or the pro rata share of same.” (Id. at p. 4:9-10 [citing Gov. Code § 69948].) Plaintiff argues that “Defendant is entitled to 1/24 of $55 or 2.29.” (Id. at p. 4:11.)
Oct 09, 2019
Personal Injury/ Tort
Fraud
Los Angeles County, CA
However, these costs are specifically authorized under CCP §1033.5(a)(11). Plaintiff Hudack contends the cost of transcripts are only authorized if ordered by the Court. Defendants do not seek the cost of transcripts under CCP § 1033.5(a)(9), but the cost for the court reporter under CCP § 1033.5(a)(11).
Sep 25, 2019
Riverside County, CA
The court reporter fees are not recoverable as they are not "established by statute", as required by CCP § 1033.5(a)(11). They are privately contracted for, and no transcripts were ordered by the court. Defendant shall recover total costs in the amount of $150.
Jan 26, 2017
Personal Injury/ Tort
other
San Diego County, CA
See CCP 1033.5(a)(11).
Aug 24, 2017
Contra Costa County, CA
Defendant challenges court reporter fees which are allowable under Section 1033.5, subdivision (a)(ll) and California Government Code section 68086, subdivision (d)(2).
Feb 20, 2020
Employment
Wrongful Term
San Diego County, CA
Government Code section 68086, subdivision (c), states, “The costs for the services of the official court reporter shall be recoverable as taxable costs by the prevailing party as otherwise provided by law.” Government Code section 68086, subdivision (d)(2), provides, “That if an official court reporter is not available, a party may arrange for the presence of a certified shorthand reporter to serve as an official pro tempore reporter, the costs therefor recoverable as provided in subdivision (c).”
Jan 23, 2018
Orange County, CA
Government Code section 68086(d) states that “if an official court reporter is not available, a party may arrange for, at the party’s expense, the presence of a certified shorthand reporter to serve as an official pro tempore reporter…. The fees and charges of the certified shorthand report shall be recoverable as taxable costs by the prevailing party as otherwise provided by law.” (See also CRC Rule 2.956(c)(1) (reiterating the same).)
Nov 15, 2019
Los Angeles County, CA
Code 1033.5(a)(11)) The fees are "established by statute" in Government Code section 68086 and Rules of Court 2.956 and 2.958. "Other" - $478.81 – Defendant has not met its burden to show that these costs are not recoverable. Ford is entitled to recover its $3,221.86 in costs, which shall be interlineated on the judgment.
Jun 13, 2017
Contract
Breach
San Diego County, CA
(CCP § 1033.5(a)(11)) The amount requested for "other" is reduced from $2,452.79 to $1,746.59. Plaintiff is entitled to costs for deposition travel. (CCP § 1033.5(a)(3)(C)) Further, in its discretion, the court will allow mediation costs. (CCP § 1033.5(c). The deposition travel and mediation costs are reasonable in amount and reasonably necessary to the conduct of the litigation. (CCP § 1033.5(c)(2); see, Gibson v.
Oct 31, 2019
Collections
Collections
San Diego County, CA
(CCP § 1033.5(a)(11) and (c)(4)). (See, Heppler v. J.M. Peters Co. (1999) 73 Cal.App.4th 1265, 1298) Even assuming the fee for the court reporter was not "established by statute" because the court no longer provides for a court reporter, the necessity of a court reporter is beyond question and thus recoverable as a discretion cost. The Motion is granted in part as to the "other" costs, which were requested as $6,773.50 for court reporter costs and $22,553.08 for trial technology.
Feb 01, 2018
Contract
Breach
San Diego County, CA
CCP 1033.5(a)(11) allows court reporter fees. April 13, 2015 depo of Modell. (4). Deny tax: 4(o) $699.75 - court reporter fee for depo of Dr. Modell (Transcript $620.55, travel $79.20.) CCP 1033.5(a)(11) allows court reporter fees. April 15, 2015 depo of Modell. (5). Deny tax: 8a(10) $300.00 – witness fee for Modell at $150/day. Expert fees are not allowed unless ordered by the Court. (CCP 1033.5(b)(1).) Modell was not testifying as witness under Gov. Code 68093.
Mar 22, 2016
Ventura County, CA
Motion to Tax Costs CCP § 1033.5(a)(11) provides that “[c]ourt reporter fees as established by statute” are allowable as costs. Prior to 2012, court reporters were provided by the Superior Court for trials and this expense was borne by the parties. Now, court reporters are not automatically provided by the Superior Court and must instead be arranged for privately by the parties. In light of this new reality, Allied arranged for a reporter to be present at the trial in this matter.
Jun 07, 2017
Los Angeles County, CA
Pursuant to CCP § 1033.5(a)(11), court reporter fees are recoverable as established by statute. Defendant does not cite to any statutory authority for the recovery of attorneys' fees in this case. Therefore, the motion to tax this item is granted. Therefore, Defendant Clay Molocznik shall recover costs of $2601.35.
Aug 11, 2017
Collections
Collections
San Diego County, CA
Service of process costs for subpoenas are recoverable (see Naser v. lakeridge Athletic Club (2014) 227 Cal.App.4th 571, 578) as are court reporter fees (CCP §1033.5(a)(11); Chaaban v. Wet Seal, Inc. (2012) 203 Cal.App.4th 49, 58-59). Therefore, the motion to strike or tax costs is denied.
Oct 31, 2016
Employment
Wrongful Term
Los Angeles County, CA
CCP §1033.5(a)(11), Gov.C. 68068(c), (d), CRC 2.956(c); see also Chaaban v. Wet Seal, Inc. (2012) 203 Cal.App.4th 49, 58-59. Moreover, the fees charged were reasonable and necessary to the conduct of this litigation. There are two charges that total $3,209.53, identified as "partial trial transcript of intended decision" and "final trial transcript."
Feb 06, 2020
Contract
Contract - Other
San Diego County, CA
CCP §1033.5(a)(11), Gov.C. 68068(c), (d), CRC 2.956(c). THEREFORE, Defendants American Technologies, Inc. and USAA Casualty Insurance Company claimed costs in the amount of $30,477.81 are taxed in the amount of $5,505.17, reducing defendants' allowable costs to $24,972.64. Defendants American Technologies, Inc. and USAA Casualty Insurance Company are awarded $24,972.64 in costs.
Sep 06, 2018
Contract
Contract - Other
San Diego County, CA
CCP § 1033.5(a)(11), (c)(3). The motion to tax court reporters fees is DENIED. 3. Item 13—Attorney service fees. Claimants move to tax $787.28 in attorney service fees. “Costs for courier or messenger fees are not specifically enumerated as allowable costs in Code of Civil Procedure section 1033.5, subdivision (a), neither are they prohibited in section 1033.5, subdivision (b).
Jul 13, 2017
Los Angeles County, CA
Court reporter fees as established by statute Pursuant to CCP § 1033.5(a)(11) "[c]ourt reporter fees as established by statute" are an allowable cost. The court allows these fees as costs. 12. Models, enlargements, and photocopies of exhibits With the exception of fees incurred for the replacement exhibits, the court finds Plaintiff establishes these fees as reasonably necessary to the conduct of the litigation. The fact that all of these exhibits were not used at trial is not determinative.
Feb 14, 2019
Contract
Breach
San Diego County, CA
Court reporter fees as established by statute Pursuant to CCP § 1033.5(a)(11) "[c]ourt reporter fees as established by statute" are an allowable cost. The court allows these fees as costs. 12. Models, enlargements, and photocopies of exhibits With the exception of fees incurred for the replacement exhibits, the court finds Plaintiff establishes these fees as reasonably necessary to the conduct of the litigation. The fact that all of these exhibits were not used at trial is not determinative.
Feb 14, 2019
Contract
Breach
San Diego County, CA
(CCP § 1033.5(a)(11).) Plaintiff is also correct that Defendant’s request to recover $402.90 for a “rough transcript” not ordered by the court is improper under CCP § 1033.5(b)(5).
Apr 10, 2018
Brian S. Currey or Maurice A. Leiter or Salvatore Sirna
Los Angeles County, CA
To the contrary, "the legislature provided in [Government Code] section 68086 an express exemption from statutory court reporter attendance fees for parties who retain a private reporter to serve as an official reporter pro tempore...." (Burd v. Barkley Court Reporters, Inc. (2017) 17 Cal.App.5th 1037, 1047.) Additionally, the court, in its discretion, grants costs associated with Realtime, on 11/30/17, 12/4/17, 12/5/17, and 12/8/17.
Mar 09, 2018
Contract
Breach
San Diego County, CA
CCP §1033.5(a)(11) allows the recovery of "court reporter fees as established by statute." Govt. Code 68086 allows for the parties to arrange for their own court reporters and the fees for those services are recoverable. Here, the fees appear reasonable and the motion to tax is denied.
Jul 18, 2019
San Diego County, CA
Plaintiff recognizes that CCP § 1033.5(a)(11) provides that court reporter fees for trial are recoverable as costs. Plaintiff simply argues that the court reporter fees should be taxed because ECC stated $0.00 costs on the judgment. As discussed above, Plaintiff has cited no authority that states ECC may not request costs as a post-judgment order, if done timely. (CRC 3.1700) The court DENIES the motion to tax costs.
Dec 07, 2017
Los Angeles County, CA
CCP §1033.5(a)(11), Gov.C. 68068(c), (d), CRC 2.956(c); see also Chaaban v. Wet Seal, Inc. (2012) 203 Cal.App.4th 49, 58-59. Moreover, the fees charged were reasonable and necessary to the conduct of this litigation. The $550.00 costs incurred for skip tracing services are not recoverable. CCP §1033.5(b)(4) expressly states that investigation expenses in preparing the case for trial are not recoverable. The costs are taxed in the amount of $550.00.
Jun 25, 2020
Contract
Breach
San Diego County, CA
CCP §1033.5(a)(11); Gov.C. 68068(c), (d); CRC Rule 2.956(c). These costs are also reasonable. Plaintiffs seek to tax the expert witness fees. Having withdrawn Dr. Vilke's fees, this leaves $49,537.77 in expert fees.
Nov 16, 2017
Personal Injury/ Tort
other
San Diego County, CA
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